Terms of service

OVERVIEW

Welcome to Crest Grading. The terms "we", "us" and "our" refer to Crest Grading. Crest Grading operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Crest Grading is powered by Shopify, which enables us to provide the Services to you.

Crest Grading is a third-party trading card grading and encapsulation service. When you submit cards to us, you are sending us physical property that you own and asking us to examine, grade, encapsulate and return it. These Terms describe what we will do with your cards, what we are responsible for, and what we are not.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as declared value, limits on our liability, warranty disclaimers and the finality of grading decisions.

By visiting, interacting with or using our Services, or by submitting cards to us, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services and you should not send us any cards.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR SERVICES

We grade, encapsulate and return trading cards. A completed submission produces, for each card: a numeric grade assigned under our published grading standard, a tamper-evident Crest holder, a unique certification number, and an online certification record hosted on our website.

Our current service levels, per-card prices, card minimums, turnaround estimates and included features are listed on our submission page and are incorporated into these Terms by reference. Features differ by service level. Professional card imagery and written grader notes, for example, are included with some service levels and not with others, as stated on that page at the time you order.

We have made every effort to provide an accurate representation of our services. Holder appearance, label printing and card imagery may differ from how they appear on your screen due to the type of device you use and your device settings. We do not warrant that the appearance of any holder, label or image will meet your expectations or be identical to what is depicted on our website.

All descriptions of services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any service at any time and may limit the quantities or types of cards we accept from any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — SUBMISSIONS AND ORDERS

When you place an order, you are making an offer to purchase grading services. Crest Grading reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Crest Grading confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

You are responsible for the accuracy of your submission. This includes the number of cards, the card list if you provide one, the service level you select, and the declared value you enter.

If you send more cards than you paid for, we will grade the quantity you paid for and invoice you for the difference before returning the remainder. We are not obligated to grade cards you have not paid for.

If you send fewer cards than you paid for, unused per-card fees are not automatically refunded and may be applied as credit toward a future submission at our discretion.

Service levels carrying a minimum card quantity must meet that minimum. Submissions that arrive below the stated minimum for the selected service level may be reassigned to the appropriate service level and invoiced at that level's rate, or returned to you at your cost.

You represent and warrant that you are the lawful owner of every card you submit, or that you are authorized by the owner to submit it, and that no card you submit is stolen, subject to a lien, or the subject of a dispute or claim by any third party.

SECTION 4 — PRICES, BILLING, SHIPPING AND INSURANCE

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Shipping. A single flat shipping charge per submission covers both directions: the prepaid inbound label we email to you, and the return of your cards to you after grading. The current amount is shown at checkout. Nothing further is payable to the carrier in either direction.

Declared value. You must enter a declared value for every submission. The declared value is your good-faith estimate of the total fair market value of the cards in that submission. It is the figure we use to insure the return shipment and, as set out in Section 6, it caps our liability for that submission.

Insurance. A base amount of coverage is included in your shipping charge at no extra cost. Coverage above that amount is charged in bands, calculated automatically from the declared value you enter, and is added to your order at checkout. The included amount, the per-band rate, and the maximum declared value we accept through the website are all stated on the submission page at the time you order. Submissions exceeding the maximum declared value must be arranged with us in advance by email.

Understating declared value. If you declare a value lower than the actual value of your cards, you do so at your own risk. Our liability remains capped at the value you declared. Understating declared value to reduce your insurance charge is a breach of these Terms.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use that payment method, (iii) charges incurred by you will be honored, and (iv) you will pay charges incurred by you at the posted prices, including shipping and insurance charges and all applicable taxes.

SECTION 5 — SHIPPING TO US AND BACK

Getting your cards to us. We email you a prepaid shipping label after checkout. You are responsible for packing your cards properly. We recommend that each card be placed in a penny sleeve, then a top loader, with the top loader taped shut, and that the whole package be packed snugly so that nothing shifts in transit. We are not responsible for damage caused by inadequate packing.

Until your package is delivered to us and logged in, it is in the hands of the carrier. Our custody and the protections in Section 6 begin when your submission is logged in at our facility, and end when your return package is handed to the carrier.

Getting your cards back. Return shipments are insured to the declared value of the submission. You are responsible for providing a correct and complete return address and for being able to receive the package at that address. Reshipment resulting from an address you supplied incorrectly is at your expense.

Full packing guidance, turnaround detail and claim steps are set out in our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays, and we are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our control.

Loss or damage in transit. If a shipment is lost or damaged by the carrier, we will assist you in filing a claim and will pursue the insurance covering that shipment. Recovery is limited to the declared value of the submission and to what the insurer actually pays.

SECTION 6 — OUR CARE OF YOUR CARDS, AND THE LIMIT OF OUR RESPONSIBILITY

This section is important. Please read it closely.

Custody. While your cards are with us, we hold them as a bailee for hire. We will use reasonable care to safeguard them, consistent with commercially reasonable practice for a grading facility.

Handling in the ordinary course. Grading requires that cards be removed from their sleeves and holders, handled, measured, examined under magnification and controlled lighting, photographed where applicable, and sealed into a Crest holder. You accept that ordinary, careful handling of this kind is inherent to the service, and ordinary handling is not "damage".

Our liability cap. Our total liability for loss of, or damage to, any card while in our custody is limited to the lesser of: (a) the declared value you entered for that submission, allocated pro rata across the number of cards in it; and (b) the documented fair market value of the affected card at the time of the loss. Our total liability for any single submission will never exceed the declared value entered for that submission. This cap applies regardless of the legal theory on which a claim is based.

What is not covered. We are not liable for: value you did not declare; pre-existing defects, including defects not visible until a card is removed from its holder or sleeve; damage caused by inadequate packing; damage that occurs while the shipment is in a carrier's hands, except to the extent of the shipping insurance described in Section 5; loss of value arising from the grade assigned; loss of value arising from market movement while we hold your cards; or any indirect, incidental or consequential loss, including lost profits or lost sale opportunities.

Claims. You must inspect your returned cards promptly and notify us of any claim for loss or damage in writing at support@gradedbycrest.com within fourteen (14) days of delivery. Claims made after that period are waived. You agree to cooperate with any investigation, including providing purchase records, photographs, and the original packaging and holder where relevant.

SECTION 7 — GRADING IS AN OPINION

A Crest grade is the expert opinion of our graders. It is not a guarantee, warranty, appraisal, or statement of fact about a card's condition, authenticity or value.

The grade is ours to determine. Every element of a grade — each pillar score, the final whole number, any cap we apply, and the decision to award or withhold a CREST 10 — is determined by Crest Grading in its sole and absolute discretion, applying our published grading standard and the professional judgment of our graders. Grading is a judgment exercise: reasonable graders can reach different conclusions on the same card, and such a difference is inherent to grading, not an error on our part.

We may decline to grade any card. We may decline to grade, encapsulate or return any card at our discretion, including cards outside the categories we accept, cards we cannot authenticate to our satisfaction, and cards we consider unsafe to handle or encapsulate. Where we decline, Section 8 and our Refund Policy govern what happens next.

You accept the grade as final. By submitting cards to us you agree that the grade we assign is final and binding as between you and Crest Grading, subject only to any separate paid review service we may offer. Except for the grader notes included with the service level you purchased, we are under no obligation to disclose grader identities, internal deliberations, or any methodology beyond our published grading standard.

Every card is reviewed by a minimum of two graders before encapsulation. Grades are assigned under our published grading standard, which describes the four pillars we score, how those scores produce a final whole-number grade, and the caps that apply. That standard is incorporated into these Terms by reference and may be updated from time to time.

Grades are final. We do not regrade a card on request as part of the original submission fee, and we do not issue refunds because you disagree with a grade or believe a card should have graded higher. Where we offer a review or regrade service, it is a separate paid service subject to its own terms.

Grading standards, populations and market preferences change over time. A grade assigned today reflects our standard as it exists today. We make no representation that the same card would receive the same grade at another time, from another grader, or from another grading company.

We make no representation whatsoever about what a graded card is worth, what it will sell for, or whether it will appreciate. Any decision you make to buy, sell, hold or insure a card based on a Crest grade is yours alone.

SECTION 8 — NO GRADE, ALTERATION AND COUNTERFEITS

Some cards cannot be assigned a numeric grade. A card may be returned as NO GRADE where we determine, in our sole discretion, that it shows evidence of trimming, recoloring, rebuilding or chemical alteration; that it has been restored in any way; that it is counterfeit or an unauthorized reprint; or that it is damaged so severely it cannot be safely encapsulated.

A NO GRADE determination is an opinion, reached under the same standard and review process as any other outcome. Grading fees for a NO GRADE card are earned and are not refunded, as the examination work has been performed.

We may decline to encapsulate any card at our discretion. If we reasonably believe a card is counterfeit, altered, stolen, or unlawful to return, we may decline to return it and may take such steps as we consider appropriate, including notifying the relevant rights holder or law enforcement and retaining the card pending their instruction. You agree that we bear no liability to you for acting reasonably and in good faith under this paragraph.

Encapsulation is permanent. Removing a card from a Crest holder voids the grade and the certification record associated with it. We have no responsibility for any card that has been removed from its holder, or for any holder that has been opened, altered or tampered with.

SECTION 9 — TURNAROUND TIMES

Turnaround estimates are stated per service level on our submission page. Turnaround time is an estimate, not a guarantee, and it begins on the business day your submission is logged in at our facility — not on the day you order, and not on the day you ship.

Turnaround does not include return transit time. Turnaround may be extended by submission volume, by cards requiring additional review, by incomplete or inaccurate submissions, or by events outside our control. Exceeding a turnaround estimate does not entitle you to a refund of grading or shipping fees.

SECTION 10 — UNCLAIMED AND UNDELIVERABLE SUBMISSIONS

If a completed submission cannot be returned to you because the address you provided is incorrect or undeliverable, or because delivery is refused, we will attempt to contact you at the email address on your order.

If we are unable to reach you, or you do not arrange for return, within ninety (90) days of our first attempt to contact you, the submission will be treated as abandoned. You authorize us, at that point and to the extent permitted by applicable law, to recover our reasonable storage and handling costs, including by sale or other disposition of the cards, and to apply the proceeds against amounts you owe us. We will make reasonable efforts to notify you before doing so.

Cards awaiting payment of an invoice, including invoices for cards received in excess of those paid for, may be held until that invoice is settled, and are subject to the same ninety (90) day period.

SECTION 11 — CANCELLATIONS AND REFUNDS

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

You may request cancellation of an order before your cards arrive at our facility. Once your submission has been logged in and grading has begun, grading fees are earned and are not refundable. Shipping and insurance charges are not refundable once a label has been issued.

Your purchases are otherwise subject to return or exchange solely in accordance with our Refund Policy.

SECTION 12 — CERTIFICATION RECORDS

Each graded card receives a certification number and an online certification record hosted on our website. That record shows information about the card and the grade it received, including its individual pillar scores. Where your service level includes grader notes, those notes are published on the same certification record.

Certification records are public. Anyone with a certification number can look it up. Certification records do not contain your name, contact details, or any other personal information about you. By submitting cards for grading you agree that the card's descriptive and grading information, including any grader notes, may be published in this way and retained indefinitely, including after you sell the card.

We may correct a certification record at any time to fix an error. We may also invalidate a certification record where a holder has been tampered with, where a card has been removed from its holder, or where we determine a record was created in error or through fraud.

SECTION 13 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Crest Grading, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Crest Grading, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Crest Grading.

Crest Grading's names, logos, holder design, label design, product and service names, and slogans are trademarks and trade dress of Crest Grading or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners, including the trademarks of the card manufacturers, leagues, teams and players depicted on cards we grade. We claim no rights in those marks, and grading a card does not imply any affiliation with or endorsement by their owners.

Where we photograph your cards as part of a service level that includes imagery, we may use those images to provide the Services, including on the certification record, and to promote the Services. You retain ownership of your cards.

SECTION 14 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 15 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 16 — RELATIONSHIP WITH SHOPIFY

Crest Grading is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Crest Grading. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Crest Grading, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Crest Grading.

SECTION 17 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 18 — FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 19 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to service descriptions, pricing, promotions, offers, shipping charges, turnaround estimates and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 20 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Crest Grading, Shopify or users of the Services, or expose them to liability.

In connection with submitting cards, you additionally agree not to: (a) submit any card you do not own or are not authorized to submit; (b) submit any card you know or suspect to be counterfeit, altered, trimmed, restored or stolen; (c) knowingly understate the declared value of a submission; (d) misrepresent the contents of a submission; (e) tamper with, open, alter or attempt to replicate a Crest holder or label; or (f) create, publish or circulate any false certification record or certification number.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services, including our certification lookup, other than as permitted in Section 21; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 21 — AGENTS

21.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

21.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 21.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

21.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

21.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 22 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect our obligation to return cards already in our custody, or your obligation to pay for work already performed.

The following sections will continue to apply following any termination: Our Care of Your Cards and the Limit of Our Responsibility, Grading is an Opinion, No Grade, Unclaimed and Undeliverable Submissions, Certification Records, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 23 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY CREST GRADING, THE SERVICES AND ALL SERVICES OFFERED THROUGH THEM ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY OF ANY GRADE, THE AUTHENTICITY OF ANY CARD, OR THE VALUE OR MARKETABILITY OF ANY GRADED CARD. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 24 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CREST GRADING, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DIMINUTION IN CARD VALUE, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, FROM ANY GRADE ASSIGNED, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

WITHOUT LIMITING THE FOREGOING, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY SUBMISSION SHALL NOT EXCEED THE DECLARED VALUE YOU ENTERED FOR THAT SUBMISSION, AS SET OUT IN SECTION 6.

SECTION 25 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Crest Grading, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) any claim that a card you submitted was stolen, counterfeit, altered, or submitted without the owner's authority.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 26 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 27 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our published grading standard, our Refund Policy, our Shipping Policy, our Privacy Policy, and any other policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 29 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You and Crest Grading consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Orange County, Texas.

SECTION 30 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 31 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. The Terms in effect on the date you place an order govern that order.

SECTION 32 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@gradedbycrest.com.

Our contact information is posted below:

Crest Grading
P.O. Box 70
Bridge City, TX 77611
support@gradedbycrest.com